Chapter 12.05 PARKS RULES AND REGULATIONS

The purpose of this chapter is to establish rules and regulations governing the use of Marion County parks, in order to ensure the safe enjoyment of all Marion County parks by the public. In addition, this chapter establishes a process for reserving certain parks and park facilities. [Ord. 1245 § 2, 2007.]

12.05.030 Definitions.

For the purposes of this chapter, the following terms shall have the following meanings:

“Board” means the Marion County board of commissioners.

“Director” means the director of the department of public works as designated by the board, or designee.

“Law enforcement officer” means the Marion County sheriff and deputy sheriffs, and any other law enforcement officer with lawful jurisdiction, by operation of law or agreement, within a Marion County park.

“Park” means all grounds, buildings, improvements, and areas dedicated to use by the public for park, recreation or open space purposes and over which the county has acquired right of use for such purposes.

“Shoreline area” means the area on the shore of a body of water between the edge of the water and a line around the body of water four feet from the edge of the water.

“Vehicle” means any wheeled device or conveyance, whether propelled by motor, animal or human power. The term “vehicle” excludes county service vehicles, baby strollers and wheelchairs.

“Vessel” means any watercraft or other artificial contrivance used or capable of being used as a means of transportation on water. [Ord. 1245 § 3, 2007.]

12.05.040 Rules and regulations.

A. The director is authorized to adopt rules and regulations governing park use.

B. The director shall obtain approval from the parks commission and the board before adopting or amending any rules and regulations governing park use.

C. Nothing in this section is intended to limit the board’s ability to enact rules and regulations governing park use.

D. No person may disobey or fail to observe any rule or regulation made by the director pursuant to this chapter, of which the person has actual notice, however given, or of which reasonable notice has been given by appropriate sign or notice in a park.

E. No person may disobey a lawful direction made pursuant to this chapter by the director, any park attendant, guard, special officer authorized by the director, or law enforcement officer. [Ord. 1245 § 4, 2007.]

12.05.050 Special uses and areas.

A. The director may select and designate specific areas and facilities in any park which may be limited to special uses, at all times or at certain times. Special uses may require a permit in writing or a reservation.

B. Special uses may include, but are not limited to: sports, games or other recreational activities, picnics, assemblies, entertainments, exhibitions, and weddings. [Ord. 1245 § 5, 2007.]

12.05.060 Exclusive use of parks or facilities.

A. The director shall maintain a list of reservable parks and park facilities. A park or park facility on the director’s list of reservable parks may be reserved for the exclusive use of persons or groups, for a limited period, upon issuance of a permit by the director, subject to any reasonable conditions (as stated in MCC 12.05.070) imposed by the board or the director and the payment of any fees that the board may establish.

B. No exclusive use of any park or park facility may be made unless the director has issued a permit allowing the use and all conditions imposed by the permit have been complied with. [Ord. 1245 § 6, 2007.]

12.05.070 Permit procedures and conditions.

A. No permit for the use of a park or park facility listed on the director’s list of reservable parks may be refused or limited, nor may any conditions be attached to the grant or exercise thereof, for any reason not related to the safe, reasonable and orderly use of park facilities.

B. Each application for a permit must be received at a designated office in the department of public works not less than 20 days nor more than 180 days in advance of the date for which the permit is requested. The director may waive the minimum or maximum time requirements if it is determined that a waiver is in the best interests of the citizens of the county. Upon granting a permit, the director may attach reasonable conditions thereto respecting the time, place, manner, frequency, duration and maximum number of persons who may attend the permitted event.

C. The director shall grant or deny each application for a permit within 10 calendar days after the date of receipt of the application, unless the time for a decision on the application has been waived by the applicant. The decision granting or denying an application shall be mailed to the applicant at the address listed on the application. The applicant may not consider the permit to have been granted until the permit is received.

D. The director may grant, deny, or limit a permit after having considered the suitability of the area or facility for the number of persons expected at the event, whether or not the activity proposed is a legal use thereof, the impact of the proposed use upon public property, the effect of the proposed use upon the peaceful enjoyment of the park by members of the public attending and those not attending the event, the effect of the proposed use upon the peace and convenience of members of the public using private or public property or the public streets in the vicinity of the park or park facility, the public health and safety, any traffic or parking problems which may be caused by attendance at the event and the equitable sharing of the use of the park or park facility. The director is specifically authorized to attach reasonable restrictions and conditions to activities to occur at the event, including, but not limited to, restrictions on fires, amplified sound, dancing, sports, the use or presence of animals, the use of equipment or vehicles, the number of persons to be present, the location of any bandstand or stage within a specific park area, or the creation of any sounds, smoke, light, smell or any other thing which appears likely to create any unreasonable risk of harm or substantial annoyance to any person using the park or park facility or to the public, or damage to any public or private property. Violation of any of the terms and conditions of any permit by the permittee, or any agent, servant or employee of permittee, is cause for immediate suspension or revocation of the permit by the director.

E. The director may require in connection with a permit that adequate security be furnished by the permittee and that the permittee provide additional sanitary facilities, refuse receptacles, or make any other reasonable arrangements, based on the type of activity for which the permit is requested.

F. The director shall refuse to grant a permit where conditions cannot be met or are not accepted. The applicant must agree to provide a means of informing all of the persons participating in the proposed event of the terms and conditions of the permit.

G. No permit for a park or park facility is transferable without the consent in writing of the director.

H. Upon the granting of a permit, any fees or deposits established by the board or conditions related thereto shall be paid or complied with by the applicant before the date of the event. If the fees or deposits are not paid before the date of the event, then the permit is null and void.

I. Each person to whom a permit has been granted must agree in writing, upon request from the director, to indemnify and hold the county, its officers, agents and employees, harmless from any and all liability for injury to persons or property occurring as a result of the permitted event. The permittee shall be liable to the county for any and all damage to the park and park facilities which results from any act or omission of the permittee or is caused by any participant in the event.

J. Each person to whom a permit is granted must agree in writing, upon request from the director, to waive all claims or causes of action against the county, its officers, employees or agents, which the permittee may have for injury to person or property of any type arising from the permittee’s use of the reserved park or park facilities, except for the active affirmative negligence or willful act of the county, its officers, employees or agents, and to which the person to whom a permit or reservation is granted in no way contributed, either directly or through any other person, agent, partner, contractor or associate.

K. If the proposed use of a park or park facilities involves risk of damage or injury to persons or to property of others, the director will require the permittee to obtain a policy of commercial general liability insurance with terms and limits of liability as determined by the county risk manager to be appropriate for the activity for which the permit is requested. The policy shall name the county, its officers, agents and employees, as insureds, and shall insure the insureds against all claims, suits and demands of any and all persons for injury, including death or damage sustained by any person or persons arising out of any act or omission of the permittee related to the use of the park or park facility. The county risk manager must approve any policy issued pursuant to this section.

L. The permittee shall have a copy of the permit on site during the event, and must present the permit upon the request of the director, any park attendant, guard, special officer authorized by the director, or law enforcement officer.

M. Any permit granted under this section may also be subject to the requirements of Chapter 9.25 MCC, Mass Gatherings.

N. It is unlawful for a person to place any booth, table, chair, stool, structure, vehicle, or piece of equipment in any portion of a park for which a park permit has been issued without the consent of the permittee. This subsection shall not apply to persons acting under the direction or control of Marion County. [Ord. 1245 § 7, 2007.]

12.05.080 Nonpublic areas – Posting required – Entering or damaging property prohibited.

A. By posting appropriate notices, the director may exclude the public from, or limit use of, any road, area, building, lands, trail, natural feature, water area or facility in a park which is used for access, storage, parking, shop, office, residence or utility purposes, or other park or recreational use, or any combination thereof, whenever public access to the same will endanger the public health or safety, interfere with such use, or cause damage to public property or natural resources. The director may also by appropriate means exclude the public from the place of any construction, repair or demolition activity. No person may enter or remain or permit any person in their control to enter or remain in any part of a park when the park is closed to the public, unless authorized to do so by the director.

B. No unauthorized person may unlock, open, remove, move or tamper with any gate, door, window, ventilator, skylight, screen, grate, fence, lock or barrier, or any other thing maintained by the county to exclude the public from a park or portion thereof, or tamper with, remove or deface any sign, legend or other notice designating the same as dangerous or prohibiting entry therein. [Ord. 1245 § 8, 2007.]

12.05.090 Entertainment – Permit required.

A. No person or group may give any exhibition, show, play, entertainment, performance, dance or concert, or project any still or moving pictures in any park without first having obtained a permit from the director.

B. The director may issue a permit for an event described in subsection (A) of this section if it is found that the use is not likely to interfere with the enjoyment of the park by any other person or persons using the park or property in the vicinity of the location of the proposed event, and is not likely to cause unreasonable damage to park facilities. The director may attach reasonable conditions as to time, place, manner, frequency and duration of permitted events so that the health, safety, convenience and enjoyment of any persons not attending the event may not be unreasonably affected, and to protect park facilities from unreasonable damage.

C. The requirements of MCC 12.05.070 concerning permit procedures and conditions apply to permits issued under this section. [Ord. 1245 § 9, 2007.]

12.05.100 Exclusion or removal of certain activities, animals or materials.

The director or any law enforcement officer may exclude, remove or require to be removed from a park any animal, vehicle, equipment, activity, thing or material, the use or presence of which is likely to:

A. Cause an unreasonable risk of harm or danger to any person or damage to any real or personal property;

B. Cause any unreasonable burden of maintenance or cleanup. [Ord. 1245 § 10, 2007.]

12.05.110 Vehicles – Operation and parking procedures and restrictions.

A. No person may stop, park, or leave standing or unattended any vehicle, trailer or boat in any park, except in an area or space designated for parking of such objects, or upon any portion of any street or highway upon which the parking of such objects is permitted, or in excess of the time prescribed therefor by any county ordinance or permit issued by the director. No person may stop, park or leave standing or unattended any vehicle, trailer or boat in any area or space designated for parking of such objects by the director so that any part of such object is within the right-of-way of any street or highway within the limits of any park. The director is hereby directed to post signs giving notice hereof in those portions of parks as may be affected hereby.

B. No person may operate a vehicle, except as authorized by the director, in any park except upon a publicly owned road or trail which is open for public vehicular traffic within the park. No person may operate any vehicle on any park road or trail at a speed greater than the speed limit established by the director and posted on the road or trail, or if no speed is posted, at a speed greater than 10 miles per hour.

C. No person may wash, wax, dismantle or repair any vehicle, trailer, boat or other equipment, or remove any lubricant from any vehicle, trailer, boat or other equipment, or otherwise service any vehicle, trailer, boat or other equipment, in any park except for emergency repairs or as authorized by the director.

D. No person may take into or operate or park or leave standing within any park any mechanically defective vehicle, trailer or boat, or any type of vehicle that is in violation of any provision of the Oregon Vehicle Code relating to mechanical requirements or safety of vehicles.

E. No person may leave standing any vehicle, trailer or boat in any park at any time when the park or portion thereof is closed to the public, unless authorized in writing by the director to do so.

F. Any law enforcement officer or security officer authorized by Marion County may remove from a park, in the manner provided and subject to the requirements of the Oregon Vehicle Code, any vehicle, trailer or boat left therein, or on any portion thereof, in violation of this section. [Ord. 1245 § 11, 2007.]

12.05.120 Animals and pets.

A. The director may establish a list of parks and/or areas within parks in which no person may bring, lead, ride or possess any animal. The list shall be a part of the county’s park rules and regulations. The presence of animals in other parks, unless otherwise authorized, shall be governed by Marion County ordinances. The foregoing prohibitions do not prevent any law enforcement officer or Marion County sheriff’s posse member in the performance of their duty from possessing a police dog or a police horse, or any person from utilizing an assistance or guide dog, in any park; provided, that the animal is at all times in the control of the person.

B. Notwithstanding subsection (A) of this section, equine animals may be led or ridden in any park in areas and on roads or trails as may be designated by the director for equestrian use. An animal may not be ridden or led at a gait faster than a walk unless notices posted by the director permit a faster gait. A Marion County sheriff’s posse member in the performance of his or her duty who is in control of a sheriff equine is exempt from the foregoing prohibitions.

C. No person may leave unattended any horse, mule, pony or donkey, dog, cattle, sheep, or other stock or fowl in any park, or allow any animal or fowl to be at large, graze, or damage vegetation on any park property, except that the animal or fowl may be tied or left unattended at those places on county park property specifically designated therefor by the director. A Marion County sheriff’s posse member in the performance of his or her duty who is in control of a sheriff equine is exempt from the foregoing prohibitions.

D. No person may set out food in any park for any wild animal, bird, fish or reptile. No person may set out food in any park for a tame animal not in the person’s custody.

E. No person may abandon any animal, bird, fish or reptile in any park.

F. No person may capture, hunt, molest, or harm, or attempt to capture, hunt, molest or harm, or administer or set out any bait or harmful substance for any wild or domestic animal, reptile, fish or bird, nor remove nor have in his possession the young, the eggs, or the nest of any animal, reptile or bird found in the park. Persons who are authorized by the director to do so may kill, poison, or control or trap any of the above-named creatures. [Ord. 1245 § 12, 2007.]

12.05.130 Fires.

A. No person may kindle or maintain in any park any outdoor cooking fire in any place other than in a stove, fireplace or barbecue pit maintained by Marion County or in a portable barbecue or camp stove used safely in a designated picnic or cooking area in a park, or in another location as may be authorized in writing by the director.

B. In kindling or maintaining an outdoor cooking fire in any park, no person may use any fuel except gas, electricity, paper, wood, charcoal or chemical fire starter; or kerosene, gasoline or liquefied petroleum gas in a camp stove; nor permit the same to produce any noxious fumes or smoke.

C. No person who kindles or maintains any outdoor fire in a park may leave the area where the fire is located without completely extinguishing the fire so that it is cold to the touch. [Ord. 1245 § 13, 2007.]

12.05.140 Smoking.

No person may ignite or smoke any tobacco or tobacco product, or any other material, on any park trail, bridle path, restroom or in any fire risk area, or in any area additionally designated by the director. [Ord. 1245 § 14, 2007.]

12.05.150 Intoxicating beverages.

No person may possess or consume any intoxicating beverage in any area of any park or park facility. [Ord. 1245 § 15, 2007.]

12.05.160 Powered models – Operation restrictions.

No person may operate in any park any model airplane, boat, car, rocket or other device that is powered by a rocket motor, an internal combustion engine, or other power source, except in an area and at times as are designated for such use by the director. [Ord. 1245 § 16, 2007.]

12.05.170 Golf.

No person may hit any golf ball in any park except in an area designated for such use by the director. [Ord. 1245 § 17, 2007.]

12.05.180 Doing business prohibited.

No person may practice or solicit for any occupation, business or profession in any park, or sell or offer for sale therein any service or merchandise unless pursuant to a contract with Marion County. [Ord. 1245 § 18, 2007.]

12.05.190 Water pollution.

No person may throw, discharge or otherwise deposit or cause or permit to be placed into the waters of any fountain, pond, lake, stream, pool or any body of water in or adjacent to any park, or any tributary stream, storm sewer, sanitary sewer or drain flowing into such waters, any substance, matter or thing, that materially impairs the usefulness of the water for persons or the habitability of the water for any animal, bird, fish or reptile that drinks, swims in or otherwise uses the water. [Ord. 1245 § 19, 2007.]

12.05.200 Guns, firearms, dangerous materials and fireworks.

A. No person, except by permit issued pursuant to ORS 166.291 or as otherwise authorized by law, may bring into a park or possess, use or discharge therein any of the following items: any firearm or ammunition, explosive, incendiary bomb or material, fireworks (except as otherwise provided in this section), or any weapons such as, but not limited to, air guns or slingshots.

B. No person shall shoot any of the above-described items into the park limits from outside the limits of a park.

C. No fireworks may be discharged in any park.

D. Exceptions to this section may be made by permit from the director. [Ord. 1245 § 20, 2007.]

12.05.210 Conduct.

Persons who willfully harass or interfere with any county employee in the performance of his or her duties in a park, or who by their conduct or by threatening or profane language annoy, willfully molest, unreasonably interfere with the use of a park by any other person, who have committed a public offense in a park, who operate any vessel in an unsafe manner or conduct themselves in an unsafe manner, shall leave the park upon request. Requests can be made by the director, any park attendant, guard, special officer authorized by the director, or law enforcement officer. No person who has left the park premises after a request may reenter the park until after 8:00 a.m. of the next day. [Ord. 1245 § 21, 2007.]

12.05.220 Damaging park property.

Unless authorized in writing by the director to do so, no person may:

A. Pick, saw, chop, carve, cut, remove or damage any flowers, seeds, bark, branches, twigs, leaves or blossoms of any tree, plant, shrub, vine, bush or other vegetation in any park;

B. Drive any nail, screw, bolt or staple into, or attach any wire, rope or other fastening device to, any tree or plant in any park;

C. Mark, deface, damage, displace or remove any building, bridge, table, chair, bench, fireplace, barrier, fence, railing, paving or paving material, water pipe or light, or any sign, notice or placard, whether temporary or permanent, or any cultural, natural or historic artifact, or monument stake, post or other boundary marker, or any other structure, equipment, facility or property, or part or appurtenance thereof whatsoever, in or from any park;

D. Cut or remove any sand, wood, turf, grass, gravel, stone or timber in or from any park, or make any excavation by any tool, equipment, blasting or by any other means in any park;

E. Paint, erect, mark, post or fasten on or to any tree, shrub, fence, wall, building, monument or other property in any park any poster, bill, advertisement, inscription, sign or display, except for temporary directional signs which do not otherwise interfere with county-authorized signage, directing participants to an event within the park. Temporary directional signs shall be removed by event participants immediately following the event. The provisions of this subsection shall not apply to anything that is authorized or required to be so placed by the director;

F. Take or operate a vehicle upon or over any lawn or landscaping in any park. Marion County will determine repair or replacement costs in event of damage. [Ord. 1245 § 22, 2007.]

12.05.230 Littering.

No person may deposit, drop or scatter any garbage, trash or rubbish, including, but not limited to, any glass, paper, cans, ashes, leaves and cuttings, furniture, appliances or concrete, in any park except in a receptacle designed and placed to receive the same; nor may any person import into or deposit in any park from any other place any garbage, trash or rubbish. [Ord. 1245 § 23, 2007.]

12.05.240 Closing time – Emergency closing.

A. Entering or Remaining after Closing Time.

1. No person may enter or remain in any park or portion thereof at any time when the same is closed to the public unless the person is authorized to do so by the director.

2. The director shall, by appropriate signs or other means, give notice of closing times, and may designate certain areas which will be closed to the public at a regular closing time, regardless of whether or not any outdoor or indoor event is being or is scheduled to be conducted elsewhere in the park.

B. Events after Closing Time. Any portion of a park or any enclosed building in a park in which an event is being conducted or is scheduled to be conducted, based upon a permit issued by the director, shall not be considered closed after the regular closing time to members of the public who are authorized participants in the event, and who are within the permitted portion of the park, the building, any paths leading thereto from any street, or any other facility, outdoor area or off-street parking area intended for use in connection therewith, until 30 minutes after the conclusion of the permitted event. As to other members of the public who are not participants in the event, the park and all buildings therein shall be considered closed at the regular closing time.

C. Emergency Closing.

1. The board, the director, or the sheriff, or their authorized representatives, may direct any park or designated portion thereof to be closed at certain times or from time to time if the closing is reasonably necessary for the proper conduct of any activity by Marion County, to protect public property or natural resources within a park or any private or public property or natural resources in the vicinity of a park from damage, or to preserve the public peace or safety in a park or portion of a park or in the vicinity thereof.

2. When a park or portion thereof is closed to the public, pursuant to the above authority or any other proper authority, no person may enter the park or closed portion thereof after notice of closing or fail or refuse to promptly leave the park when requested to do so by the director, any park attendant, guard, special officer authorized by the director, or law enforcement officer. [Ord. 1245 § 24, 2007.]

12.05.250 Vessels.

A. No person may operate any vessel in any park through the use of any internal combustion or electric engine except vessels used for patrol, maintenance, emergency services, or any other as approved in writing by the director.

B. No person may operate any windsurfer, air mattress, inner tube or raft or pontoon boat in any park except as designated by the director. Any manufactured or homemade device deemed unsafe by United States Coast Guard standards or any park staff, or any vessel that requires occupant(s) to be in the water at any time, is prohibited.

C. No person 12 years of age or under may occupy any vessel in any park without wearing a United States Coast Guard-approved personal flotation device when the vessel is in the water.

D. No person may operate any vessel without one United States Coast Guard-approved personal flotation device for each occupant of the vessel. [Ord. 1245 § 25, 2007.]

12.05.260 Violations.

A. Violation of this chapter is considered a Class A violation as provided in ORS Chapter 153. Enforcement shall be accomplished through Chapter 1.25 MCC.

B. All fines levied from violations and any permit fees collected shall be placed in the Marion County parks fund. [Ord. 1245 § 26, 2007.]